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Know Your Options When The Driver Who Injured You Has No Insurance

woman on cell phone while looking at car accident

Have you been injured in an accident by someone who does not have insurance? You need to know what options may still be available to you in order to make a claim.

If you have your own insurance, then you should know that most or all insurance companies in Virginia provide you with uninsured motorist coverage in addition to your own insurance. If the person who struck you does not have insurance, then you will need to make a claim against your own uninsured motorist policy.

Be aware that carriers will often not be straightforward regarding your desire to make a claim against your own policy. They will often make it seem as though you shouldn’t do it. Know that your uninsured motorist policy exists precisely for making a claim like this, and that they also cannot raise your rates for making such a claim.

You already pay them your premium in preparation for a situation like this, so do not be hesitant about making an uninsured motorist claim. Also, don’t let them talk you into reducing your uninsured motorist coverage, as it is times like these that demonstrate the importance of maximizing this coverage for yourself and your family.

With all of the above in mind, you should contact an attorney before calling your insurance agent. Kalfus & Nachman provides a free call and consultation. Watch the video to learn more.

If you have additional questions about uninsured motorist coverage or your accident case, I want you to call me at (888) 487-8546. I welcome your call. Visit our educational website at for more videos and media content from our law firm.

Video Transcript

Neal Schulwolf:

You were just in a crash. The person who's caused your injuries has no insurance. What can you do? Hi, I'm Neal Schulwolf. I'm an attorney with Kalfus & Nachman law firm. I've been practicing law for over 30 years in both the state and federal courts here in Virginia.

If you find yourself in this situation, the first thing you need to do is call us. After you've called us, feel free to call your insurance agent, because you need to check to see what type of insurance coverage you have. Now, most insurance companies, if not all insurance companies in Virginia provide you with insurance which is called uninsured motorist coverage. This provides you with coverage for this exact situation.

If the person who struck you has no insurance, you're going to need to make a claim against your own insurance company. It's important to keep in mind not to be afraid of your own insurance. Why did you buy insurance in the first place? It's for this exact situation. When the defendant has hit you and caused you these injuries, and then states they have no insurance, you need to seek coverage from your own carrier. But carriers play games. They try and make you think that it's a bad thing for you to make a claim against your own insurance, but they have no problem accepting a premium from you for your uninsured motorist coverage. That coverage is sitting in your own policy and is there to protect you in this exact situation. So don't be afraid of your own insurance company. They're there to help you, and they should be, but they're not going to provide you with the help you need. That's why you need to call an attorney in this situation.

Another thing to keep in mind is that they can't raise your rates because you've made a claim against your uninsured motorist provision. That's a common fallacy that people have when they're considering to make a claim against their own insurance. If an insurance company can't raise your rates, why wouldn't you make that claim against your own policy, especially if you're paying for the premium to protect you in this situation? So again, don't be afraid to make that claim against your own insurance. And finally, never let your insurance agent talk you into reducing your uninsured motorist coverage. The more insurance you have, the more protection you're going to provide for not only yourself, but your family. And that should be your consideration.

So why am I telling you this information? Insurance companies prey on your mind. Their goal is to get you not to make a claim against your own policy, but this information is basically disinformation. So I want you to make that claim against your policy if you need to make it. Don't be afraid. You need to protect your family, yourself in this situation. If you have a question about your accident case or how insurance applies to your particular case, call (888) 487-8546. I'm Neal Schulwolf with the law firm of Kalfus & Nachman. Thank you for watching.

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